Which of the following is NOT one of the aspects of the implied warranty of merchantability

1. Which of the following is NOT one of the aspects of the implied warranty of merchantability?A. The goods are suitable for the ordinary purposes for which they are used.B. The goods are adequately contained, packaged, and labeled.C. The goods are priced justly and fairly.D. The goods within each unit or part are of an even quality.2. If an important contract term is ambiguous, the contract under the common lawisA. Probably illegal as against public policyB. Probably enforceableC. Probably unconscionableD. Probably unenforceable3. Where the other party has substantially performed, the nonbreaching party:A. Can obtain specific performance to have the work finished.B. Is discharged from its own obligations.C. Cannot have the work finished by others.D. Remains obligated for the contract price, less the amount to complete or correct the other party’s performance.E. Is not entitled to a remedy because any breach is immaterial.4. Which of the following is a false statement?A. An employee also may act in the capacity of an agent.B. An independent contractor’s physical manner of doing a job is controlled, or is subject to the control, by his or her employer.C. A principal has a duty to cooperate with his or her agent.D. A principal generally is required to indemnify an agent for liabilities incurred because of authorized and proper acts by the agent.5. Which of the following is a true statement?A. As a general rule, a unilateral mistake does not allow either party to a contract to rescind or cancel it.B. Where two parties contract for the sale of an old violin and the seller does not realize that it is a rare and extremely valuable one, then the seller, the mistaken party, can cancel the contract since it would then be unfair to him or her.C. In a fraud case the victimized plaintiff need just prove that he or she relied on the false statement.D. Fraud typically renders a contract null and void.6. Questions in writing served by one party on the other prior to trial are called:A. Interrogatories.B. Depositions.C. Pleadings.D. Document Productions.

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